Law
New York cautious in wake of Oneida Nation ruling


The state of New York is taking a cautious approach in dealing with the U.S. Supreme Court's recent decision in the Oneida Nation case.

In an 8-1 ruling, the court said the tribe cannot "unilaterally" assert sovereignty over its ancestral lands without going through the land-into-trust process. The tribe has purchased 18,000 acres of land that was stolen by the state of New York.

Local officials have interpreted the decision broadly in their favor. They have hit the Oneida Nation with tax bills and are trying to apply it to the Cayuga Nation, who has also purchased ancestral lands.

But the office of New York attorney general Eliot Spitzer will seek input from the Interior Department and the National Indian Gaming Commission before taking any action, The Syracuse Post-Standard reported. However, deputy attorney general Richard Rifkin has told local officials that the state "will be arguing forcefully for the state's expanded authority."

"It is clear that the decision has enhanced the authority of the state over tribal activities taking place on land that the tribes claim as Indian country," Rifkin wrote in a letter cited by the paper.

Get the Story:
Decision on video gaming awaited (The Syracuse Post-Standard 6/8)
State's authority questioned (The Syracuse Post-Standard 6/8)

Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

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